THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, November 18, 1995 TAG: 9511160165
SECTION: REAL ESTATE WEEKLY PAGE: 26 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: BY WILLIAM MAZEL, SPECIAL TO REAL ESTATE WEEKLY
LENGTH: Long : 104 lines
I rent an older home that I knew was in need of some repairs when I signed the lease. Certain things were obviously wrong, such as cracked drywall, broken handrail, missing switchplates, etc.
My landlady assured me that she had retained a repairman and that all minor repairs would be made. I needed only to report the discrepancy. She also promised that the house would be professionally cleaned before we moved in.
The home was in terrible condition when we moved in. In was dirty. After living in the home less than one week, I compiled a long list of minor problems and a short list of major problems.
The big issues included water leaks in two bathrooms, which had rotted the flooring; ventilation ducts that had fallen on the ground, much of the insulation rotted away, and attic insulation in the attic that had collapsed to less than two inches.
The wooden patio doors were so rotten that two of them would not work, and most window frames were flaking paint (which I had tested and were above the HUD regulatory guidelines for lead.) I reported these to her and even researched how to have them repaired. I made the written notification of the problems in July and again in August.
Because the repairman never returned my calls and the landlady never provided any alternatives, I fixed many of the minor items myself out of my own pocket out of sheer frustration. I spent over $300 in parts (plus free labor) to make repairs and $247 to clean the windows and rugs.
Eventually (after two months), the repairman did show and complete the majority of the remaining minor items. This week, the landlady announced that any repairs costing ``less than $50 or $100'' were my responsibility.
Three months later, several major problems still exist. One bathroom still leaks water into the crawl space, the lead paint is still chipping and the patio-doors and the ventilation ducts are untouched. After finishing the repairs to one bathroom one week ago, she announced that she needed a ``breather'' before she could embark on any other expensive repairs.
Here are my questions:
What repairs can I compel her to make? The interior needs repainting badly and some of the carpeting is very worn. Could these be included?
How long is a reasonable time to wait for her to make required repairs?
What repairs (of pre-existing problems) am I responsible to pay for?
What recourse do I have if she continues to differ repairs?
Under what circumstances could I recoup my out-of-pocket expenses?
First of all, you should never have rented the place without a written agreement by the landlady to repair all defects which you set forth in your letter.
Tenants should always examine the premises they are thinking about renting before actually entering into a lease of the premises. The tenant should obtain a clear, written understanding as to what the landlord is going to do.
Many of the defects in your premises fail to meet the building code requirements in your city and they should definitely be reported to your building code enforcement agency. I do not think that I would try to make the landlord do any of the repairs. I would simply state to the landlord that I am moving out and I am going to do so immediately.
Let me answer the above questions as follows:
As far as the repairs you can compel her to make, there is no doubt in my mind that the water leaks in the two bathrooms are the landlord's responsibility.
If the ventilation ducts was lying on the ground at the time you rented the premises, it is the responsibility of the landlord to replace the ducts.
As far as the other insulation being rotted away, if you knew that at the time you rented the premises, you probably cannot require the landlord to do anything about that but it would certainly give you good grounds in your own decision making to not renew the lease.
The replacement of the rotten patio doors are definitely the responsibility of the landlord and should have been repaired immediately. You should also report the rotting doors to the building code administrator.
The window panes that are flaking paint and which have excessive amounts of lead in them should be repaired by the landlord and should also be reported to the building code administrator.
The fact that you made written notification of the problems in July and August was a proper course of conduct on your part; however, the house is a safety hazard. If the house did not meet the requirements of your city, you should have moved out immediately basing your right to move on constructive eviction.
You should have done all of this, as I said above, earlier. The needed repairs should have been stated in writing and you should have made the landlord agree, before you entered into the the lease, that all the repairs would be accomplished promptly.
As to the reasonable time for you to wait for her to make the repairs, that depends upon what repairs are. She should have repaired the doors and the rotted floor immediately as well as all of the other repairs.
As far as your liability for pre existing problems, you have no responsibility whatsoever. Your best recourse is to tell your landlord that you are moving. I cannot imagine anyone else being willing to rent that property.
The only amounts which you can recoup out of your pocket are those which had to repaired immediately in order to protect you and your family.
Since this did not fall under the Virginia Residential Landlord-Tenant Act, you should not try to make any further major repairs. Although minor repairs ($50 or so) normally are the responsibility of the tenant, major repairs are not. The failure of your landlord to make the major repairs can constitute constructive eviction and you can move out immediately. MEMO: William Mazel is a retired lawyer. Send comments and questions to him at
Real Estate Weekly, 150 W. Brambleton Ave., Norfolk, Va. 23510. by CNB